Destruction, The Rebirth of Art: Analyzing the Right of Integrity’s Role in Modern Art

Creative destruction uses destruction to create new meaning in a work. This process is best explained as a Phoenix, rising from the ashes of destruction. The term “Art” encompasses infinite meanings and in this Note, I argue that destruction constitutes one of them. Resulting from this connection, I argue that destruction, specifically Creative Destruction, must not be hampered by law. In 1990, Congress promulgated the Visual Artist Rights Act, 17 U.S.C.A. 106A. This legislation formally introduced the moral rights of attribution and integrity into United States legal doctrine. Specifically, the right of integrity grants an artist the right to prevent the mutilation or destruction of their work that proves harmful to their reputation. I argue that the doctrine of moral rights is unique to Europe and not readily supplanted into United States legal doctrine, and that integrity has no foundation in United States legal doctrine. Most importantly, I bring forth Constitutional challenges to the viability of integrity. This first consists of the statute’s usurpation of due process. The statute fails to require registration as a condition of action. When applied to Creative Destruction, this can produce the violation of the subsequent owner’s due process right to notice under the 5th amendment. A second challenge is whether Congress exceeded their scope of power under the Copyright Clause in enacting VARA. The text of the Clause specifically grants Congress the power to “promote the progress of science and usable arts.” This is generally understood as limiting Congress’ legislative power to not burden creativity. As a result, in recognizing Creative Destruction as a protected instance of creativity, the text explicitly burdens such creative ability through the right of integrity. In promulgating a right of integrity, Congress has not promoted creativity at all but instead has prohibited it. A final challenge is to the statute’s sustainability under the First Amendment. Similar to my scope argument, in protecting Creative Destruction the right of integrity unduly burdens an artist’s freedom of expression. This discussion undertakes an interest balancing analysis that concludes Congress failed to adequately balance the respective interests at play here. The subsequent owner-artist has an interest in the absolute ownership of their work. Further, they have an interest in their freedom of expression. Given the language of the statute, it is fair to say that Congress did not take into account these interests. I conclude by proposing a Creative Destruction exception to VARA. Destruction is a valid part of the creative cycle and should not be outweighed by an artist’s personal feelings. The moral right of integrity places an artist above everyone else, especially the consumer. This practice is opposite to the United States’ interest in consumer protection and creates an off-balance power dynamic between an artist and the purchaser of such work. Further, at its core creativity must be subjected to a minimal amount of restriction. Integrity constitutes a total prohibition on destruction. As a result, an artist who wishes to deconstruct and reimagine a work of art has the potential for legal liability and thus the hampering of expression

Stratigraphy and Paleoecology of the Morrison Formation, Como Bluff, Wyoming

The Morrison Formation at Como Bluff, Wyoming, has been historically known for containing a rich source of Late Jurassic vertebrate fossils. However, when collected, most of these fossils were not positioned into a stratigraphic or sedimentologic framework. Research shows that the Morrison Formation at Como Bluff can be divided into three members. These members can be identified by lithologic and paleontological characteristics. The lower Morrison members include the Windy Hill Member and the recently described Lake Como Member. The Windy Hill Member primarily contains near-shore marine sandstone. Megavertebrate fauna is lacking. The Lake Como Member contains illitic clay in red and green mottled paleosols with caliche and thin sandstone beds. The fauna typically consists oflarge saurian and ornithischian dinosaurs. The upper Morrison Formation includes the Talking Rocks Member. This member contains gray-green smectite-rich mudstones. The Talking Rocks Member is generally calcareous and appears to have a megavertebrate fauna similar to the Lower Morrison. The upper part of this member is typically non calcareous and the fauna is more aquatic with turtles, crocodiles, fish and smaller ornithischian dinosaurs, including some species thought to be restricted to the Cretaceous Period. The contact between the Morrison Formation and the overlying Cloverly Formation is placed at the base of the Cloverly conglomerates, which are present throughout the region. In some areas, this boundary coincides with the Jurassic/Cretaceous boundary. However, in sections of the study area, a zone of kaolinitic carbonaceous shale with Cretaceous-like plant material can be found just below the Morrison/Cl overly contact. If this bed is Cretaceous in age, then the Morrison Formation at Como Bluff is in part Early Cretaceous and not restricted to the Late Jurassic

Letter from William Connely to James B. Finley

Connely is looking for a new way to earn a living. He wonders if Finley knows of a business, bookkeeping, or school teacher position in the Columbus area. He is all alone at this point. Abstract Number - 1056https://digitalcommons.owu.edu/finley-letters/2040/thumbnail.jp

Meeting the Energy Needs of the Horse

This publication describes energy and how it affects the horse from a nutritional aspect

Legal Writing Manual (2nd Edition)

This manual provides you with an overview of first-year legal writing topics and provides checkpoints during your writing process. On the other hand, this manual does not answer every question you have ever had on any legal writing concept and it is certainly not a spellbook that will make you instantly awesome at legal writing. Writing as a skill is a lifelong development process. Everyone can be an effective legal writer. Put in the time to study the concepts and then to practice using those concepts in your writing. Seek feedback on your writing and implement the feedback you receive. Writing takes practice, and this manual can help guide you through. The first edition of the Legal Writing Manual was made possible with funding from the University of Georgia’s Office of the Senior Vice President for Academic Affairs and Provost’s Affordable Materials Course Grant. The second edition of this manual was made possible with funding from an Affordable Learning Georgia Round 18 Continuous Improvement Grant.https://digitalcommons.law.uga.edu/books/1164/thumbnail.jp

An analysis of concepts of plagiarism as they are applied in computer programming

There has been concern voiced for a number of years about the problem of program plagiarism. A number of SIGCSE Bulletin articles have discussed the issue. However, it is not at all clear as to what behavior we are actually referring, nor to what extent it is occurring. How do faculty define 'plagiarism?' How do students define the term? What do students typically do when they plagiarize? Are there discernible patterns in plagiaristic behavior? Are there ways to accurately measure such behavior? Do some types of students plagiarize more than others? Does plagiarism occur more in some kinds of classes than in others? Can we use some kind of metrics to determine when program plagiarism has taken place? What solutions are used or have been suggested to control or to eliminate the occurrence of plagiarism? Are they effective? Lastly, is there any consensus in the computer science profession on these issues and, if not, should there be and can there be

Headstrong intervention for pediatric migraine headache: a randomized clinical trial

Background The purpose of this study was to evaluate the efficacy of a self-guided CD-ROM program (“Headstrong”) containing cognitive-behavioral self-management strategies versus an educational CD-ROM program for treating headaches, headache-related disability, and quality of life. Methods Participants were 35 children ages 7–12 years with migraine recruited from one university medical center and two children’s hospital headache clinics. Participants were randomly assigned to complete the Headstrong or educational control CD-ROM program over a 4-week period. Data on headache frequency, duration, and severity, migraine-related disability, and quality of life (QOL) were obtained at baseline, post-intervention, and 3-months post-intervention. Results At post-intervention, Headstrong resulted in lower severity (on a 10-point scale) than the control group by child report (5.06 ± 1.50 SD vs. 6.25 ± 1.92 SD, p = 0.03, ES = 0.7). At 3-months post-intervention, parents reported less migraine-related disability (on the PedMIDAS) in the Headstrong group compared to the control group (1.36 ± 2.06 SD vs. 5.18 ± 6.40 SD; p = 0.04, ES = 0.8). There were no other group differences at post treatment or at 3-months post-intervention. Conclusions When compared to an educational control, Headstrong resulted in lower pain severity at post-treatment and less migraine-related disability at 3-months post-intervention, by child and parent report respectively. Headache frequency and quality of life did not change more for Headstrong versus control. Additional research is needed on the Headstrong Program to increase its efficacy and to test it with a larger sample recruited from multiple centers simultaneously.The study reported in this paper was funded by a grant from the National Institutes of Health, (National Institute of Neurological Disorders and Stroke), R01-NS046641, Michael Rapoff, Principal Investigator

Child maltreatment in the "children of the nineties" : a cohort study of risk factors

Aim: To analyze the multiple factors affecting the risk of maltreatment in young children within a comprehensive theoretical framework. Methods: The research is based on a large UK cohort study, the Avon Longitudinal Study of Parents and Children. Out of 14,256 children participating in the study, 293 were investigated by social services for suspected maltreatment and 115 were placed on local child protection registers prior to their 6th birthday. Data on the children have been obtained from obstetric data and from a series of parental questionnaires administered during pregnancy and the first 3 years of life. Risk factors have been analyzed using an hierarchical approach to logistic regression analysis. Results: In the stepwise hierarchical analysis, young parents, those with low educational achievement, and those with a past psychiatric history or a history of childhood abuse were all more likely to be investigated for maltreatment, or to have a child placed on the child protection register, with odds ratios between 1.86 and 4.96 for registration. Examining strength of effect, the highest risks were found with indicators of deprivation (3.24 for investigation and 11.02 for registration, after adjusting for parental background factors). Poor social networks increased the risk of both investigation (adjusted OR 1.93) and registration (adjusted OR 1.90). Maternal employment seemed to reduce the risk of both outcomes but adjusted odds ratios were no longer significant for registration. After adjusting for higher order confounders, single parents and reordered families were both at higher risk of registration. Reported domestic violence increased the risk of investigation and registration but this was no longer significant after adjusting for higher order variables. Low birthweight children were at higher risk of registration as were those whose parents reported few positive attributes of their babies. Conclusions: This study supports previous research in the field demonstrating that a wide range of factors in the parental background, socio-economic and family environments affect the risk of child maltreatment. By combining factors within a comprehensive ecological framework, we have demonstrated that the strongest risks are from socio-economic deprivation and from factors in the parents' own background and that parental background factors are largely, but not entirely, mediated through their impact on socio-economic factors

Atypical presentation of colon adenocarcinoma: a case report

<p>Abstract</p> <p>Introduction</p> <p>Adenocarcinoma of the colon is the most common histopathological type of colorectal cancer. In Western Europe and the United States, it is the third most common type and accounts for 98% of cancers of the large intestine. In Uganda, as elsewhere in Africa, the majority of patients are elderly (at least 60 years old). However, more recently, it has been observed that younger patients (less than 40 years of age) are presenting with the disease. There is also an increase in its incidence and most patients present late, possibly because of the lack of a comprehensive national screening and preventive health-care program. We describe the clinicopathological features of colorectal carcinoma in the case of a young man in Kampala, Uganda.</p> <p>Case presentation</p> <p>A 27-year-old man from Kampala, Uganda, presented with gross abdominal distension, progressive loss of weight, and fever. He was initially screened for tuberculosis, hepatitis, and lymphoma, and human immunodeficiency virus/acquired immunodeficiency syndrome infection. After a battery of tests, a diagnosis of colorectal carcinoma was finally established with hematoxylin and eosin staining of a cell block made from the sediment of a liter of cytospun ascitic fluid, which showed atypical glands floating in abundant extracellular mucin, suggestive of adenocarcinoma. Ancillary tests with alcian blue/periodic acid Schiff and mucicarmine staining revealed that it was a mucinous adenocarcinoma. Immunohistochemistry showed strong positivity with CDX2, confirming that the origin of the tumor was the colon.</p> <p>Conclusions</p> <p>Colorectal carcinoma has been noted to occur with increasing frequency in young adults in Africa. Most patients have mucinous adenocarcinoma, present late, and have rapid disease progression and poor outcome. Therefore, colorectal malignancy should no longer be excluded from consideration only on the basis of a patient's age. A high index of suspicion is important in the diagnosis of colorectal malignancy in young African patients.</p

China Studies Review

The first section of this issue features two brief issue papers. Ned Collins-Chase examines the Qianhai Free Trade Zone and considers its prospects as a tool for Chinese capital account liberalization. Minh Joo Yi surveys China’s foreign policy calculus under Presi-dent Xi Jinping and notes Beijing’s growing assertiveness in foreign affairs. In the second section of this issue, we pres-ent three research articles spanning China’s environment, nuclear weapons strategy, and economy. Miaosu Li analyzes a little understood aspect of China’s wind energy development - the associated environmen-tal costs of rare-earth metal processing - and calls for a more nuanced assessment of Chinese energy policy and implemen-tation. Amanda Van Gilder provides a comprehensive analysis of the nuclear bal-ance between the United States and China. She concludes that while the United States will maintain nuclear superiority for the next one to two decades, the gap will close as China gradually attains doctrinal and tech-nological parity. Benjamin Pollok compares the homeward investment patterns of the diaspora populations of China and India. Pollok attributes China’s greater success in attracting this investment to its active dias-pora engagement policies — a strategy not yet meaningfully pursued by India